29849. Misbranding of canned peas.    U. S. v. 2,710 Cases of Canned Peas.   ProdŽ
uct   ordered  released   under   bond   conditioned  that   the   substandard 
portion be relabeled.     (F. & D. No. 44076.    Sample No. 31287-D.)
This product was in whole or in part substandard because the peas were 
not immature, and it was not labeled to indicate that it was substandard.
On October 5, 1938, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 2,710 cases of canned 
peas at Pittsburgh, Pa.; alleging that the article had been shipped in interstate 
commerce on or about July 11 and 13, 1938, by Phillips Sales Co., Inc., from 
Newark, Del.; and charging misbranding in violation of the Food and Drugs 
Act The article was labeled in part: "Phillips Delicious Early June Peas, 
packed by Phillips Packing Co., Inc., Cambridge, Md."
It was alleged to be misbranded in that it was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agri- 
culture, since the peas were not immature, and its package or label did not 
bear a plain and conspicuous statement prescribed by the Secretary indicating 
that it fell below such standard.
On December 1, 1938, the Phillips Sales Co. having appeared as claimant 
and having admitted the allegations of the libel with the exception that claimant 
maintained that a portion of the goods, identified by certain codes, was not 
substandard, judgment was entered ordering that the product be delivered to 
claimant upon the .filing of a bond, conditioned that any peas which graded 
standard be released and that those which graded substandard be relabeled.
HARRY L. BROWN, Acting Secretary of Agriculture.